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Judgment
P.G. Agarwal, J.—Heard learned Counsel for the Petitioner.
By this common order Crl. Revn. No. 260/2001 and 403/2001 are disposed of.
Mr. A.R. Banerjee, learned Counsel appears for the Respondent complainant.
Alleging dishonour of cheques issued by the Petitioner Assam Small Industries Development Corporation Limited, a statutory Corporation, a complaint u/s 138 of the Negotiable Instrument Act was filed by the Respondent complainant. Cheques were issued under joint signature of the Managing Director and the Manager Finance on 17.01.2001 and 12.12.2000.
The quashing of the complaint has been sought mainly on the ground that there is no sanction u/s 197 Code of Criminal Procedure Cheques were issued by the Corporation to meet their liability and upon dishonour of the cheques proceedings u/s 138 of the Negotiable Act lies and no sanction u/s 197 Code of Criminal Procedure is required in such case.
The next submission of the Petitioner is that Sri Harendra Nath Barua, the present Managing Director had joined as Managing Director very recently and he was not a signatory to the cheques in question. Moreover, in the complaint petition the name of the Managing Director or the Manager Fiance has not been stated. It seems to be an irregularity in the complaint. It is provided that the Respondent-complainant may furnish the names of persons who had issued the cheques. Admittedly, the present incumbent who did not issue the cheques cannot be tried in a criminal Court. I also find that there is no bar for proceedings against the officials of the ASIDC a statutory Corporation and as such no case for quashing the complaint proceedings is made out. Accordingly, the revision petitions are dismissed.
Send down the case records. The complainant will take necessary steps as stated above.